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OLR Bill Analysis
sSB 1221 (File 525, as amended by Senate "A")*
AN ACT CONCERNING THE ENFORCEMENT OF VIOLATIONS OF
THE FREEDOM OF INFORMATION ACT.
SUMMARY
This bill increases, from $1,000 to $5,000, the maximum civil penalty
that the Freedom of Information Commission (FOIC) may impose for
certain Freedom of Information Act (FOIA) violations. As under existing
law, the commission may impose the penalty against a records
custodian or official responsible for denying a right conferred by FOIA
(e.g., a request to inspect or copy a public record) if it finds that the
denial was without reasonable grounds. FOIC may impose the penalty
after giving the custodian or official an opportunity for a hearing.
The bill also expands the circumstances under which FOIC may issue
an order or impose a civil penalty. Under existing law, when a person
files an appeal with FOIC against a public agency, the commission may
confirm the agency’s action or order it to provide relief that the
commission believes is appropriate to rectify the denial. Under the bill,
if the commission finds that a public agency is engaging in (1) a practice
or pattern of conduct that constitutes an obstruction of any right
conferred by FOIA or (2) reckless, willful, or wanton misconduct in
delaying or denying responses to public records requests, then it may
take the following actions:
1. impose a civil penalty of $20 to $5,000 against a custodian or other
official of the public agency and
2. order other relief that it determines is appropriate to correct the
obstruction or misconduct and deter the agency from violating
FOIA.
Under the bill, FOIC may make these findings in an appeal of a public 2023SB-01221-R01-BA.DOCX
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agency’s denial of a FOIA right and after a hearing. The bill allows FOIC
to apply to New Britain Superior Court for an order requiring the public
agency to comply with a commission-issued order related to these
findings.
The bill also makes technical changes.
*Senate Amendment “A” (1) increases the maximum civil penalty to
$5,000, rather than $10,000 in the original bill, and (2) replaces
provisions in the original bill allowing FOIC to apply to the court for
specified relief, damages, and attorney’s fees with those allowing the
commission to (a) issue orders and impose civil penalties and (b) apply
to the court to enforce FOIC-issued orders.
EFFECTIVE DATE: October 1, 2023
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 16 Nay 3 (03/24/2023)
Judiciary Committee
Joint Favorable
Yea 25 Nay 11 (05/23/2023)